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- Title
ON THE REFORM OF THE ITALIAN PENAL CODE.
- Abstract
This paper examines the "plan of a penal code for delinquents" (Book I) presented in 1921 to the Minister of Justice by Enrico Ferri, which provokes a discussion of the problems of crime and punishment according to the various criminological schools. Enrico Ferri in order to put into practice the particular idea of the Positive School of Criminology sought to introduce into the penal law a concept of crime and punishment quite different from what has been in vogue heretofore. The traditional doctrine conceives crime as a breach of the juridical order, of greater or less seriousness and of penalty as suffering, or better, as punishment which the legislator threatens as the consequence of such breach and proportionate to it. Punishment therefore is applied, with due regard not only to the objective gravity of the fraction but also to personal conditions of the delinquent. The Positive School, instead, considers crime as the danger of a breach in the juridical order caused by the abnormal condition of an individual.
- Subjects
CRIMINAL law; FERRI, Enrico; CRIME; CRIMINOLOGY; PUNISHMENT; JUSTICE ministers
- Publication
Journal of the American Institute of Criminal Law & Criminology, 1924, Vol 14, Issue 4, p524
- ISSN
0885-4173
- Publication type
Article
- DOI
10.2307/1134266